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‘An Anvil To Kill a Flea’: Lawmakers Vote To Weaken Enforcement of Open Meetings Law Provision on Executive Session Announcements

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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State lawmakers Monday endorsed a bill that makes it harder for Coloradans to challenge inadequately announced closed-door meetings of school boards, city councils, county commissions and special district boards.

House Bill 23-1259, introduced by Reps. Gabe Evans, R-Weld County, and Lindsey Daugherty, D-Arvada, would let local public bodies fix or “cure” an executive session-announcement violation of the Colorado Open Meetings Law at their next meeting or at a meeting held at least 14 days after receiving notice from a person who intends to file a lawsuit.

It also allows a public body to collect costs and reasonable attorney fees from someone who sues over an executive session announcement and loses in court.

First Amendment attorney Steve Zansberg, president of the Colorado Freedom of Information Coalition, testified against the bill, calling it “an overbroad and unjustifiable response to a very narrow and specific problem.” Attorney Eric Maxfield, a CFOIC board member, told lawmakers the measure “uses an anvil to kill a flea’ and “it allows intentional secrecy in violation of the law.”